Legal Question in Wills and Trusts in Florida
Trust set up originally by parents in 1997 in Florida. Bank account for trust was set up in 1997, subsequently, mother, after father's death, made new trust with different attorney in 2009. 1997 never revoked 1997 trust nor bank account closed. New trust (2009) date appeared on the original trust bank account. Mother now deceased 2012, I am now trustee of original trust, but no paperwork or documentation as to the change of trust date on bank account. Mother's lawyer simply says new trust automatically took over ??
1 Answer from Attorneys
Revocable family trusts often provide for new trust(s) upon the death of a
settlor/trustee to take advantage of tax laws and other benefits. It is necessary
to understand the original trust and its relationship to the subsequent trust
which will also explain the bank account issue. The attorney can explain
the relationship between the trusts and how one trust evolved into a subsequent
trust upon the death of each parent.
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